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The Ontario Superior Court confirmed the established legal principle that a court has no power to award the costs of a disciplinary hearing where the hearing panel’s decision is set aside on a judicial review. The court distinguished the situation of a judicial review from an appeal, where the statute granting a right of appeal grants the appeal court the same powers as the tribunal. [2 and 5]

Notably, although not addressed in this decision, a party might apply, and a court might direct, that a tribunal reconsider costs, in light of the relief granted by the court on judicial review.